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2011 (12) TMI 781 - AT - Income TaxExtract: .......1, in which it was specifically mentioned that the question whether the assessee has earned profits and gains from business has to be decided not with reference to the provision contained in sec. 2(15), but with reference to the provision contained in sec. 2(13) of the Act. 4. In the result, the appeal is treated as allowed for statistical purpose.
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